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WE THANK YOU FOR YOUR INTEREST IN THE BRANTAS WEB SITE (THE "BRANTAS
WEBSITE"). PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND
CONDITIONS") CAREFULLY BEFORE USING THE BRANTAS WEBSITE. BY USING THE BRANTAS WEBSITE,
YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU
DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE BRANTAS WEBSITE. WE
RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED TERMS AND CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE
BRANTAS WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS
AND CONDITIONS.
1. Rights in BRANTAS WEBSITE and Content
The BRANTAS WEBSITE and all content provided on the BRANTAS WEBSITE is protected by
copyright, trade-mark, and other applicable intellectual property and
proprietary rights laws, and is owned, controlled, and/or licensed by BRANTAS
and/or its affiliates and related companies. Nothing contained on the BRANTAS WEBSITE
should be considered as granting, by implication, estoppel, or otherwise,
any license or right to use any trade-marks, logos, or other names, including,
but not limited to, those identifying BRANTAS and/or its affiliates and related
companies or their respective products and services displayed on the BRANTAS WEBSITE,
without the expressed written consent of BRANTAS or such third party that
may own such trade-marks, logos and other names displayed on the BRANTAS WEBSITE.
2. Use of BRANTAS WEBSITE and Content
2.1 No information or material from the BRANTAS WEBSITE may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed in any
way whatsoever except that you may download one copy of the materials on any
single computer, for your personal, non-commercial home use only, provided you
keep intact all copyright and proprietary notices. You agree that you do not
acquire any ownership rights in any downloaded content. You agree to abide by
all copyright notices, information and restrictions contained in any content on
the BRANTAS WEBSITE and any content accessed through the BRANTAS WEBSITE. You are
hereby advised that BRANTAS will aggressively enforce its intellectual
property rights to the fullest extent permitted by law.
2.2 You will use the BRANTAS WEBSITE and any content, material, or information
found on the BRANTAS WEBSITE solely for lawful purposes. You shall not upload to,
distribute to, or otherwise disseminate through the BRANTAS WEBSITE any material or
information of any kind that is libelous, defamatory, obscene, pornographic,
abusive, or otherwise violates any law or infringes or violates any rights of
any other person or entity, or contains a solicitation of funds, advertising, or
a solicitation for goods or services. You will be solely responsible for the
content of any material or information that you make available through the
BRANTAS WEBSITE. You will also be liable for any loss or damage resulting, directly
or indirectly, from your making any material or information available through
the BRANTAS WEBSITE.
3. Disclaimer of Warranties & Limitation of Liability
3.1 THE INFORMATION CONTAINED ON THE BRANTAS WEBSITE IS FOR INFORMATIONAL
PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER’S NEED.
DOCUMENTS PROVIDED ON THE BRANTAS WEBSITE ARE PROVIDED AS A SERVICE ONLY, AND DO
NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. THE BRANTAS WEBSITE, AND ALL
CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE
BRANTAS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS. BRANTAS, ITS AFFILIATES AND
RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY
PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR
USAGE OF TRADE, WITH RESPECT TO THE BRANTAS WEBSITE OR THE CONTENT CONTAINED IN OR
ACCESSED THROUGH THE BRANTAS WEBSITE. Neither BRANTAS NOR ITS AFFILIATES AND RELATED
COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS AND AGENTS MAKES any representations or warranties as to the
accuracy, TIMELINESS, reliability, TRUTHFULNESS OR completeness OF THE BRANTAS WEBSITE
OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE BRANTAS WEBSITE,
INCLUDING, BUT NOT LIMITED TO, THE contents of any content, information,
material, OR posting found on the BRANTAS WEBSITE (INCLUDING, BUT NOT LIMITED TO,
ANY PRESS RELEASES OR FINANCIAL INFORMATION), any Services provided through the
BRANTAS WEBSITE, or any links to other sites made available on the BRANTAS WEBSITE OR
THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE
AND OPERATION OF THE INTERNET OR THE BRANTAS WEBSITE. NEITHER BRANTAS NOR ITS
AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR
WARRANTIES THAT THE BRANTAS WEBSITE OR ACCESS TO AND USE OF THE BRANTAS WEBSITE WILL
BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL
COMPONENTS. You expressly agree that use of the BRANTAS WEBSITE is at your sole
risk.
3.2 Under no circumstances, including, but not limited to, negligence, GROSS
NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH shall BRANTAS or
ITS affiliates AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, employees, CONSULTANTS AND AGENTS be liable for any DIRECT, indirect,
incidental, special or consequential damages OR ANY LOSS that result from the
use of, or the inability to use, any content, information, material, OR postings
on the BRANTAS WEBSITE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL
OR SENSITIVE INFORMATION OVER THE INTERNET. These limitations apply regardless
of whether the party liable or allegedly liable was advised, had other reason to
know, or in fact knew of the possibility of such damages. You specifically
acknowledge and agree that neither BRANTAS nor ITS affiliates AND RELATED
COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees,
CONSULTANTS AND AGENTS shall be liable for any defamatory, offensive or illegal
conduct of any user, including you.
4. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify
and hold harmless BRANTAS, its affiliates and related companies, and each of
their respective directors, officers, employees, consultants and agents from and
against all claims, liability, and expenses, including all legal fees and costs,
arising out of: (i) your breach of any provision of the Terms and Conditions; or
(ii) your use of the BRANTAS WEBSITE, the content contained in the BRANTAS WEBSITE and
the placement or transmission of any information or other materials on the
BRANTAS WEBSITE made by you or others using your account. You agree to promptly
notify BRANTAS immediately after you become aware of any unauthorized use of your
account and to take such reasonable steps as are necessary to prevent any
reoccurrence of such event. BRANTAS reserves the right, in its sole discretion
and at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you. You will co-operate as fully
as reasonably required in the defense of any claim.
5. Recourse
If you are dissatisfied with the BRANTAS WEBSITE or with the Terms and
Conditions, your sole and exclusive remedy is to discontinue using the BRANTAS WEBSITE.
In such an event, you agree to destroy all materials obtained by you on
the BRANTAS WEBSITE and any and all other BRANTAS WEBSITE(s) and all copies thereof.
The Terms and Conditions shall survive any such termination.
6. Miscellaneous Terms
Any disputes arising hereunder shall be governed exclusively by the laws of
the province of Ontario and the laws of Canada applicable therein, without
giving effect to their conflict of laws principles. You expressly consent to the
exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the
Federal Court of Canada in Ontario, or any other judicial district or
jurisdiction as BRANTAS may determine in any and all actions, disputes, or
controversies relating hereto. The Terms and Conditions and any rules, policies,
guidelines or other agreements posted on the BRANTAS WEBSITE by BRANTAS constitute
the entire agreement between BRANTAS and you with respect to your use of the
BRANTAS WEBSITE. Notwithstanding the foregoing, any products or services which you
purchase through the BRANTAS WEBSITE shall be subject to all terms and conditions
relating to such purchase provided to you from time to time including, without
limitation, all terms and conditions posted on the BRANTAS WEBSITE and all terms
and conditions delivered to you (in any manner or form) in connection with any
products or services purchased. No waiver by either BRANTAS or you of any breach
or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. If any provisions contained herein shall be
determined to be void, invalid, or otherwise enforceable by a court of competent
jurisdiction, such termination shall not affect the remaining provisions
contained herein.
The parties have required that the Terms and Conditions and all documents
relating thereto be drawn up in English.
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